Section 4 in Andhra Pradesh Juvenile Justice (Care and Protection of Children) Rules, 2003
4. Procedure to be followed by Juvenile Justice Board in holding inquiries.
(1)In all cases under the Act, the proceedings shall be conducted in as simple a manner as possible. There shall be no raised dais, witness box etc. Care shall be taken to ensure that the child against whom the proceedings have been instituted is given a home-like atmosphere during the proceedings. The procedure prescribed under Section 5(2), (3) and (4) of the Act shall be followed by the Board.(2)When witnesses are produced for examination, the Board shall make free use of the power conferred on it by Section 165 of the Indian Evidence Act, 1872, to so question them as to bring out any point that may go in favour of the child.(3)In examining a child, the Board shall put the child at ease and elicit the facts, not only in respect of the offence of which the child is accused, but also in respect of the home, social surroundings, the influences to which the child has been subjected to and the conditions under which the offence has been committed and pass appropriate orders in the light of the enquiry and the alternatives indicated in Section 15(1), in the best interests of the child. The record of the examination shall be in such form as the Board may consider suitable.(4)In case the Board orders a child to be sent to a Special Home, the Board shall record its reasons in its Judgment as to why the other alternatives in Section 15(1) are not in the best interests of the child.(5)In accordance with Sub-section (2) of Section 15, the Board shall order a Probation Officer, or other person to conduct a social investigation and report on the character and antecedents of the child to enable it to pass appropriate orders in the case. The order of the Board shall as far as possible be in Form 1.(6)The Board shall maintain a list of experts in the field of psychology, counselling and guidance, psychiatric institutions etc., who are willing to provide such services to the Board. This list shall be prepared in consultation with the Commissioner, the Department of. Health and Academic Institutions. When the Board feels that a child requires psychological/psychiatric evaluation, the child shall be referred to these experts, for their opinion, which shall be duly considered by the Board, in disposing of the case.(7)The State Government shall recognise registered voluntary organisations, which can provide the services of probation and counselling to submit periodical reports as directed by the Board regarding the orders passed under Section 15.(8)In every case concerning a child, the Board shall obtain a birth certificate, if any, or medical opinion regarding his or her age and his or her physical and mental conditions or such other evidence and when passing orders in such case shall, after taking into consideration the evidence available, record a finding in respect of the child's age.(9)When a child is placed under the care of a parent or a guardian and the Board deems it expedient to place the child under the supervision of a probation officer, it shall issue a supervision order in Form II.(10)Whenever a child is ordered to be released on probation or for doing community service or to participate in group counselling or similar activities, the Board shall direct the Probation Officer to monitor the child's activities and report the same to the Board, regularly. The probation conditions shall be specific and not general.(11)The Board shall maintain a list of NGOs, Fit Persons and Fit Institutions for the purpose of providing care and supervision during the period of bail, probation or on community service.(12)Whenever the Board orders a child to be kept in an Institution, it shall forward to the Superintendent of the Institution a copy of its order in Form III with such particulars of the home and parents or guardian and previous record of the child as are available.(13)Whenever the Board orders the transfer of a child, the Superintendent of the Institute where the child is staying, shall provide the necessary escort for the child without any delay.(14)The child should be lodged in the Institution closest to the place he/she belongs to.(15)In case the Board orders the payment of any fine, the same shall be deposited in the Government Treasury.
